ANITA SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) The challenge in this petition is to Order No. DHSJ/ES-4/9670 dated 26.09.2019 passed by respondent No.2, whereby the petitioner has been transferred from Urban Health Centre (UHC) Janipur to A.H.Chowki Chora.

(2.) Learned counsel for the petitioner contends that vide Order No.DHSJ/ ES-4/3682 dated 26.06.2018, the petitioner was transferred and posted at Urban Health Centre (UHC), Janipur and has not completed her tenure of two years in terms of the Transfer Policy notified vide Government Order No.861-GAD of 2010 dated 28.07.2010. It is further contended that by virtue of impugned transfer order, the petitioner has been transferred prematurely from Urban Health Centre (UHC) Janipur to A.H.Chowki Chora. It is averred that petitioner's transfer, made prematurely, is against the Transfer Policy notified vide Government Order No.861-GAD of 2010 dated 28.07.2010, which, inter alia, provides for minimum tenure of two years of Government servant at one place of posting, but, in the present case the petitioner has been transferred just after 15 months; that the impugned order qua the petitioner has been passed without any prior approval of the Minister Incharge which is mandatory requirement as stipulated in the Government Order No.861-GAD of 2010 dated 28.07.2010 and, moreover, there are no special circumstances, which warrants premature transfer of the petitioner. It is also contended that the impugned order qua the petitioner is on the face of it is contrary to the transfer policy formulated by the Government and is also bad on the ground that no proper compliance of procedure provided under transfer policy for premature transfer has been followed by the respondents.

(3.) Petitioner questions order impugned on the ground that she has been transferred in violation of transfer policy as she has been transferred prematurely.